Savannah morning news. [volume] (Savannah) 1868-1887, 1887-01-30
JUSTICES SHOW FIGHT,
THEY WILL NOT RECOGNIZE
THE SOLICITORS LETTER.

A Wide Difference of Opinion on the
Construction of the LAw-The Justices
Advised That They Can Exact Certain
Charges without Violating the Stat
ates-What They Say and Propose To
TO.
Soon after Solicitor General duBignon's
circular letter in reference to costs was
received by the Justices OF the Peace they
employed counsel to look into the law.
After studying the statutes for three
weeks the attorneys gave a written opln-
ion which, in the main, differed from the
construction put upon the law by the So
lieitor General. The opinion stated that
the magistrates can charge S3 for draw
ing bond and collect it without violat-
ing the statutes, the charge being IN the
nature OF contract.
The magistrates were advised that they
mad no right to settle peace cases, because
the law requires that the warrants snail
he turned over to the City Court, and the
costs are not cQllectabie until the Judge
of the City Court mas disposed of the case.
JUSTICES SPECIAL POWERS.
In certain misdemeanors the opinion
stated that the Justices have power to
make settlement. The class OF misde-
meauOrs referred to are all that are not
punishable by fne and imprisonment
Those, the penalty for which is fine and i'm
prisonment, can be settled by the magis-
trates, in the opinion OF the attorneys.
OF course, when q case is settled, the OH
GERS are entitled to their costs.
All of the magistrates and cOnstables
in the city met and discussed the opinion.
1t was very gratifying IN its nature to
the magistrates, and the majority OF
them and all OF the constables decided TO
stand upon the opinion.
THE SOLICITORS LETTER.
"We did not propose to defy the Solicit
tor General, and do not now,' remarked
Justice NJ. +. Molina yesterday.
when we got Mr. duBgnon's letter
We met and resolved to abide by his con-
struction OF the statute until we got
other advice. our attorneys are leading
members OF the bar. and we think that
their opinion is sound law. Why, il the
Solicitor Generals views Of the law are
correct, there is nothing in the office OF
Justice OF the Peace. lie says that we
are allowed 81 % for every criminal war
rant we issue. When is the 81 - col
lectible? According to his construction.
not until the defendant is convicted in
the Superior Court. There is not mag
istrate in Savannah who has ever re-
celved a 5-csnt piece out Of q conviction
in that court.
FURNISH THEIR OWN BLANKS.
ave furnish all our own blanks. When
warrant is issued it takes a blank.
Then the constable has to serve it. w hen
the party is arrested another blank has
10 be used to commit him to jail unless
he gives bond. tie has to be taken to
Jail by the constable. Then a bearing is
Tho q "a ha1t oman n
dozen witnesses to be suDpUnaed, and the
defendant wants as many. " have TO fur
nish blanks for all of those and the con-
stable serves them. Tue prisoner has to
be brought out OF jail, and the Magis-
frate has to take down the testimony of
all the witnesses. IL the prisoner is re-
committed another blank has to be used,
and the constable has TO take him back
Ojall. And tor all that work neither we
NOR so- ecrsfs',e- Sis 10 .e.rf'r rra
~sn-T.
I.N 'OLLE-l EO-la.
"lns tsg sssst14, - cUo cgIl3el .us +
D levyipg uron tbG 1s 'I0eEHe prJggr}e,
out not enc In t~anty wno rg a. 70 ne
CnGi1 Gang q the preliminary haze aty
property. AL OF Cae 1ne3 G2d lUrIeituros
which are paid are divided between the
Sheriff, the Clerk OF the superior Court
and the solicitor General. Magistrates
cannot get their costs our OF one case IN "a
hundred IN the City Court but the So
1icltor General gets $40 il it is mol
pressed
Magistrate Molina stated that he pro-
poses to collect SO for drGs luNe bonds +ts,t
~ as be has always done g. as bias been
done for tho past twenty-five years. He
said that he will give a receipt for the 80
if anybody desires one, ana all OF the
magistrates but three VIII do the same.
relying upon the strength OF Tie opinion
given by their counsel.